Fort Worth weekly gazette. [volume] (Fort Worth, Tex.) 1882-1891, 1887-07-15
INTERSTATE COMMERCE.
Letters of Senator jam s F. Wilson of Iowa
to the Fairfield Ledger.
.ETTER NO, I
FAIRFIELD, Iowa, April Is, 1857


request for statement Of my views rela-
tive TO the scope and purpose OF the IN
ter-stste commerce law, | submit these
observations The dominant purpose of
the interstate commerce set is the en-
f0rcement of equal rights il the business
affairs of the people Of this country. To
effect this purpose it is neCes sary TO re-
legate the transportation companies to
their true. lawful status. They were Gre
sted for the convenience Of business and
commerce. They were created to serve,
not to master. The railroad to-day in
its relation 10 the business and CONNER
CiRl affairs Of the people is what the
wagon roads were in the days Of their
utility. They are agencies, not ends.
Their duty is to promote the proper eff
forts of individuals, firms, associations
and communities 20 administer the busi-
ness interests and commercial affairs
which severally and rightfully belong TO
them ss component parts Of organized
society. Not only are men equal before
the law in this country, but their lawful
employments and the various interests
involved therein are also equal before the
Law; and this equality embraces the firm,
the association, the locality, the COmmu
nitV and their several rights and interests
as fully and definitely SIS it does those Of
the individual Any obstruction TO the
application Of this dOCtriae to the several
components and elements OF organized
society is contrary TO the genius Of ouT
institutions, and is unlawful. The intro
dUctiOn of the railway system in this
country, and every other aid to the de-
velopment and the commercial interests
OF our people, was Tor the purpose of pro
noting the welfare Of eSCh and all, and
not favored or exceptional few. This
doctrine is too fundamental TO sdmit Of
question or controversy. 4 railroad
company has no mere right TO destroy
the business of an individual or crush or
hinder the prosperity Of town than it
mas to rob the one or burn the other.
For the enforcement Of this dominant
purpose OF the Interstate commerce law,
certain provisions we're embodied IN 1t in
turns SO plain that the common under
standing of men will give them ready in
depreciation. They are not new prUvis-
ions of law, nov for the t-s5 time estab
lished for the regulation OF Transports
ton companies, but old GOCtrinos which
came down TO US with the common law
OF England, and are as Ole as are the du-
ties end obligations Of common carriers,
.
Of our time or those of more primitive
character that preceded them. And the
efforts OF the railroad companies and OF
others interested TO enforce belief thst
the law is so involved in its terms that it
cannot be understood are without tie
support of reason or fact. Indeed, they
are but a "triCk Of the trade" resorted
to for the purpose OF creating u condition
OF the public mind that will tolerate, eX-
cgse, if not justify, the transportation
companies in violations Of the law
Against this purpose the people should
firmly plant themselves. For while the
/ present law may not be Sll that could be
! desired in the fields OF regu!atiye leEisls-
1 sion, it is Q good start in the right direc-
ton. II has formulated in statutory dec
| larations the wise provisions Of the com
mon law relative to carriers, nss provided
some special remedies in cases Of nom
1 observance of its injUnctlons, and, better
and more efficient still, has established
/ penal sanctions TO enfOrCeg
/ In the first section OF the law it is pro-
vided that:
/ All charges made Tor any service rem
Gered or 70 be rendered ia the transpor-
tatiOn of passengers or property as afore
said, or in connection herewith, or Tor
/ receiving, delivering, storage, or hand
/ ling of such property, shall be reasonable
and Just; and every unjust or unresson-
able, charge for such service is prohibited
and declared TO be unlawful.
Now, while the rule OF reasonable and
I Just charge here declared is not new, the
methods Of its enforcement provided by
the act practically gives It that character,
and especially is this the case when con-
sidered in connection with the penal
sanctions contained in the tenth section
of the act, 20 which l will refer
more definitely hereafter, in respect
I of its application to the clause Of the first
| section above quoted and to the other
sections which will proceed TO consider.
I The second section of the act was as
/ follows
| Sec. ,. That if any common carrier sub
I ject to the provisions of this act shall,
directly or indirectly, by any special rate,
/ rebate, drawback, or other device, charge,
/ demand, collect, or receive from any per
/ son or persons greater or less COmpen-
satiOn for any service rendered, or TO be
| rendered, in the transportation Of passeR-
| gers or property, subject TO the proviE-
/ ions Of this act, than it charges, demands,
/ collects, or receives from any other per-
son or persons fer doing for him or them
like and contemporaGeons5 ,seLys
/ ice in the transportation OF s71ike
kind of traffic under substantially
similar circumstances and conditions,
such common carrier shall be deemed
guilty Of unjust discrimination, which is
hereby prohibited and declared to be I'M
lawful.
Surely, it would be difficult to make
any person possessed of sn average de-
gree Of intelligence believe thst this Sec
ton is involved II its construction, or
that it is difficult to understand it.
Now, let Us take the third section and
see whether or not it IS obnoxious to the
charge of obscure and involved construC-
ton. 1t reads SIS follows:
Sec, 8. That it shall be unlawful for
sny common carrier subject to the pro-
visions OF this set to make or give any
undue or unreasonable preference or ad-
vantage to any particular person, com
pany, firm, corporation, OF locality, or
any particular description of traffic, in
any respect whatsoever, or 70 subject any
particular person, company, firm, cor
porstion, or locality, or any particular
description Of traffic, TO any undue or IN
reasonable prejudice or disadvantage in
any respect whatsoever.
Every common carrier subject to the
provisions Of this set shall, according to
their respective powers, afford AL req
sOnable, proper, snd equal facilities for
the Interchange of traffic between their
respective lines, and for the receiving,
4